The legal definition of a car accident is when an automobile is involved in an occurrence that causes harm, whether it be harm to property, to person, or both. Usually it involves a collision with another motor vehicle. Here’s how to get compensation after an accident that wasn’t your fault.

Assess the damage: Not just damage to the car but your own condition. Victims are often running on adrenaline and try to shake off a pain in their neck or ringing in their ears. Delaying examination by a doctor is a bad idea. But if there will certainly be no medical bills from the incident, then you have been involved in what is legally deemed a “trivial,” accident i.e. one in which there are only property damages to the cars involved. If this is the case, work through the insurance company and forgo calling a lawyer unless their company gives you trouble.

Determine if there was mechanical error involved. Though rare, it’s important to consider the possibility of mechanical error in any of the vehicles at the scene. If the vehicles recently had mechanical work performed, you will have an entirely different claim; one of defective product or services, as opposed to a claim against the other party. Inspect both vehicles to see if there are any popped tires, loose bolts or fittings, or other road conditions present (such as an oil slick, pothole, or black ice) that may have contributed to the accident.

Determine the type of culpability. When assessing the culpability of the other party, keep careful notes so you can report it to the police or your attorney. Their culpability will usually fall into any combination of the following categories: Distraction: This is a very broad term that includes texting while driving, talking on their cellphone, changing the stereo, operating the on-board navigation system, or even looking at another passenger. Intoxication: This one should be easy to assess. Don’t just look for signs of drunkenness, examine the other party for signs of stimulant use (sweating, easily distracted, darting vision, and/or red eyes), and use of depressants (drowsiness and/or difficulty communicating). Traffic law violation: Your chances of compensation will be improved if you can demonstrate a traffic law violation. This can include failing to use turn signals, tailgating, failing to heed road signs, and other violations based on local law.

Assess your need for an attorney. Attorneys don’t always have to be involved and if your case seems clear-cut, with no possibility of physical injury, just work through the insurance company. But if there is any chance of bodily harm, go to a doctor. It will be their responsibility to pay. Whatever your medical bills following the incident, they should be added to the claim. If you have any medical expenses beyond the copay, you should hire an attorney. Often one medical expense can correlate to future expenses. Take the case of victim x. Victim x was in a relatively minor car accident but suffered some whiplash. Thinking it was a great deal, she chose to take the other party’s insurance settlement without a lawyer (a total of 5K.) With time, her whiplash injury led to some neck issues at work. And over the span of 10 years, she suffered losses in sleep deprivation, discomfort at work, and massage and chiropractor bills. Though nobody can foresee these kinds of circumstances, a lawyer will at least know what contingencies the law provides for. Since you are only entitled a single settlement, you should always seek the maximum amount in case things get bad later on.

Related reading – Accident Compensation Claim